HB 887

1
A bill to be entitled
2An act relating to health care; providing legislative
3findings; amending s. 210.01, F.S.; revising and providing
4definitions applicable to pt. I, ch. 210, F.S., relating
5to tax on cigarettes; amending s. 210.02, F.S.; increasing
6the cigarette tax rate; amending s. 210.18, F.S.;
7correcting a cross-reference; amending s. 210.20, F.S.;
8providing definitions; requiring the Division of Alcoholic
9Beverages and Tobacco of the Department of Business and
10Professional Regulation to certify to the Chief Financial
11Officer the amount of net collections derived from the
12cigarette tax on a monthly basis; requiring the division
13to credit specific percentages of the total base
14allocation to certain trust funds and entities; deleting
15obsolete and current allocation provisions; amending s.
16210.201, F.S.; requiring the Board of Directors of the H.
17Lee Moffitt Cancer Center and Research Institute to use
18certain funds to secure bonds or financial products for
19cancer research, treatment, and related facilities;
20amending s. 210.25, F.S.; correcting a cross-reference;
21amending s. 215.5601, F.S.; revising legislative intent;
22directing certain moneys to be deposited into the Lawton
23Chiles Endowment Fund from certain sources; deleting a
24provision authorizing a reduction in certain allocations
25to the fund; requiring a minimum fund reserve; conforming
26a cross-reference; providing for additional members of the
27Lawton Chiles Endowment Fund Advisory Council; amending s.
28215.5602, F.S.; requiring the James and Esther King
29Biomedical Research Program to appropriate a certain
30percent of the program's annual funding to expand research
31conducted on tobacco-related illnesses; increasing the
32amount of funds allocated to the Florida Center for
33Universal Research to Eradicate Disease; extending certain
34expiration dates; amending s. 381.855, F.S.; making an
35annual operational funding allocation to the Florida
36Center for Universal Research to Eradicate Disease from
37the James and Esther King Biomedical Research Program's
38cigarette tax allocation; revising membership of an
39advisory council; amending s. 381.922, F.S.; revising the
40purpose of the William G. "Bill" Bankhead, Jr., and David
41Coley Cancer Research Program to expand cancer research
42and treatment; specifying certain goals; requiring the
43program to provide grants for the recruitment of cancer
44researchers and institutions, operational start-up grants
45for newly recruited researchers, and for fixed capital
46outlay; requiring certain proceeds to be used for certain
47purposes; extending certain expiration dates; creating s.
48393.55, F.S.; requiring the Agency for Persons with
49Disabilities to apply certain revenues to fund certain
50caseload growth; amending s. 395.6061, F.S.; designating
51rural hospitals for certain cigarette tax revenues for
52capital improvement projects; creating s. 400.997, F.S.;
53providing legislative findings; requiring the Agency for
54Health Care Administration to establish additional
55programs under the Primary Care Access Network; specifying
56use of funds to operate network clinics under certain
57circumstances; requiring the agency to submit an annual
58report to the Governor and Legislature relating to the
59network; requiring the agency to adopt rules; creating s.
60400.998, F.S.; requiring the Agency for Health Care
61Administration to distribute certain cigarette tax
62proceeds to certain health centers and clinics for certain
63purposes; providing legislative intent; specifying
64criteria for agency selections of centers and clinics;
65requiring the agency to establish an application
66submission and evaluation process; providing for creation
67of a review panel; requiring the review panel to consider
68specified criteria; requiring funding recipients to
69provide project reports; authorizing the agency to
70contract with a specified entity to administer the program
71and provide assistance; requiring the agency to adopt
72rules; amending s. 951.22, F.S.; correcting cross-
73references; providing that cigarettes in inventory as of
74the effective date of the act are subject to the increase
75in taxes imposed by the act pursuant to s. 210.02, F.S.;
76repealing s. 381.92, F.S., relating to Florida Cancer
77Council; repealing s. 381.921, F.S., relating to the
78missions and duties of the Florida Cancer Council;
79providing effective dates.
80
81Be It Enacted by the Legislature of the State of Florida:
82
83     Section 1.  The Legislature finds that tobacco consumption,
84which causes nearly one-third of all cancer deaths and
85contributes substantially to Florida's second-highest relative
86cancer burden in the nation, dramatically impacts the state's
87Medicaid budget and that a substantial deficit has been created
88between what consumers pay in related excise or privilege fees
89and what the state actually incurs in health care costs. The
90Legislature further finds that the imposition of a tax on
91cigarettes should be at least commensurate with the projected
92governmental costs associated with the consumption of
93cigarettes. The Legislature further finds that revenues derived
94from such taxes should apply to health care, with an emphasis
95given to measures for which there is a connection between
96cigarette consumption and the tax revenue generated from the
97consumption of cigarettes. Moreover, the Legislature finds that
98the state is falling woefully behind the needed capacity to deal
99with Florida's inordinately high burden related to cancer, as
100well as other diseases, and that dramatic enhancement of the
101state's core medical capacity, including primary care and
102research, mental health and substance abuse, and persons with
103disabilities, will significantly improve the ability to serve
104the health care needs of all residents of this state.
105     Section 2.  Section 210.01, Florida Statutes, is amended to
106read:
107     210.01  Definitions.--As When used in this part, the term
108the following words shall have the meaning herein indicated:
109     (1)  "Agency" means the Agency for Health Care
110Administration.
111     (2)(9)  "Agent" means any person authorized by the Division
112of Alcoholic Beverages and Tobacco to purchase and affix
113adhesive or meter stamps under this part.
114     (3)(1)  "Cigarette" means any roll for smoking, except one
115of which the tobacco is fully naturally fermented, without
116regard to the kind of tobacco or other substances used in the
117inner roll or the nature or composition of the material in which
118the roll is wrapped, which is made wholly or in part of tobacco
119irrespective of size or shape and whether such tobacco is
120flavored, adulterated, or mixed with any other ingredient.
121     (4)  "Cigarette tax" means the tax imposed by s. 210.02.
122     (5)  "Council" means the Biomedical Research Advisory
123Council within the Department of Health established in s.
124215.5602.
125     (6)(22)  "Counterfeit cigarettes" means cigarettes that
126have false manufacturing labels, tobacco product packs with
127counterfeit tax stamps, or any combination thereof.
128     (7)(5)  "Dealer" means any wholesale dealer as hereinafter
129defined.
130     (8)(14)  "Distributing agent" means every person, firm, or
131corporation in this state who acts as an agent for any person,
132firm, or corporation outside or inside the state by receiving
133cigarettes in interstate or intrastate commerce and storing such
134cigarettes subject to distribution or delivery upon order from
135said principal to wholesale dealers and other distributing
136agents inside or outside this state.
137     (9)(10)  "Division" means the Division of Alcoholic
138Beverages and Tobacco of the Department of Business and
139Professional Regulation.
140     (10)(17)  "Exporter" means a person who transports tax-
141exempt cigarettes into this state under bond for delivery beyond
142the borders of this state. Each permit entitles shall entitle
143the permittee to store such cigarettes under bond at one
144location in this state pending shipment beyond the borders of
145this state.
146     (11)(12)  "First sale" means the first use or consumption
147of cigarettes within this state.
148     (12)(20)  "Importer" means any person with a valid permit
149under 26 U.S.C. s. 5712 who imports into the United States,
150directly or indirectly, a finished cigarette for sale or
151distribution.
152     (13)(21)  "Manufacturer" means any domestic person or
153entity with a valid permit under 26 U.S.C. s. 5712 that
154manufactures, fabricates, assembles, processes, or labels a
155finished cigarette.
156     (14)(16)  "Manufacturer's representative" means a person
157who represents a manufacturer of cigarettes but who has no place
158of business in this state where cigarettes are stored. A
159manufacturer's representative shall is required to obtain any
160cigarettes required by her or him through a wholesale dealer in
161this state and to make such reports as may be required by the
162Division of Alcoholic Beverages and Tobacco of the Department of
163Business and Professional Regulation.
164     (15)  "Net collections" means 99.5 percent of total
165collections less the service charge prescribed in s. 215.20.
166     (16)(13)  "Operating ad valorem millage" means all millages
167other than those fixed for debt service.
168     (17)(8)  "Package" means the individual package, box, or
169other container in or from which retail sales of cigarettes are
170normally made or intended to be made.
171     (18)(2)  "Persons" means any individual, copartnership,
172society, club, association, corporation, joint stock company,
173and any combination of individuals and also an executor,
174administrator, receiver, trustee, or other fiduciary.
175     (19)(15)  "Place of business" means any place where
176cigarettes are sold or where cigarettes are stored or kept for
177the purpose of sale or consumption; or, if cigarettes are sold
178from a vending machine, the place in which the vending machine
179is located.
180     (20)(7)  "Retail dealer" means any person located inside or
181outside this state other than a wholesale dealer engaged in the
182business of selling cigarettes, including persons issued a
183permit pursuant to s. 569.003.
184     (21)(4)  "Retail sale" or "sale at retail" means a sale to
185a consumer or to any person for any purpose other than resale.
186     (22)(3)  "Sale" means any transfer, exchange, or barter in
187any manner, or by any means whatever.
188     (23)(19)  "Stamp" or "stamps" means the indicia required to
189be placed on cigarette packages that evidence payment of the tax
190on cigarettes under s. 210.02.
191     (24)  "Total collections" means the total amount
192derived from the cigarette tax during a specified period.
193     (25)(18)  "Unstamped package" or "unstamped cigarettes"
194means a package on which the tax required by this part has not
195been paid, regardless of whether or not such package is stamped
196or marked with the indicia of any other taxing authority, or a
197package on which there has been affixed a counterfeit or
198fraudulent indicium or stamp.
199     (26)(11)  "Use" means the consuming, giving away, or
200disposing, in any manner, of cigarettes.
201     (27)(6)  "Wholesale dealer" means any person located inside
202or outside this state who sells cigarettes to retail dealers or
203other persons for purposes of resale only. Such term does shall
204not include any cigarette manufacturer, export warehouse
205proprietor, or importer with a valid permit under 26 U.S.C. s.
2065712 if such person sells or distributes cigarettes in this
207state only to dealers who are agents and who hold valid and
208current permits under s. 210.15 or to any cigarette
209manufacturer, export warehouse proprietor, or importer who holds
210a valid and current permit under 26 U.S.C. s. 5712.
211     Section 3.  Section 210.02, Florida Statutes, is amended to
212read:
213     210.02  Cigarette tax imposed; collection.--
214     (1)  An excise or privilege tax, in addition to all other
215taxes of every kind imposed by law, is imposed upon the sale,
216receipt, purchase, possession, consumption, handling,
217distribution, and use of cigarettes in this state, in the
218following amounts, except as hereinafter otherwise provided, for
219cigarettes of standard dimensions:
220     (a)  Upon all cigarettes weighing not more than 3 pounds
221per thousand, 49.5 16.95 mills on each cigarette.
222     (b)  Upon all cigarettes weighing more than 3 pounds per
223thousand and not more than 6 inches long, 99 33.9 mills on each
224cigarette.
225     (c)  Upon all cigarettes weighing more than 3 pounds per
226thousand and more than 6 inches long, 198 67.8 mills on each
227cigarette.
228     (2)  The descriptions description of cigarettes contained
229in paragraphs (1)(a), (b), and (c) of subsection (1) are hereby
230declared to be standard as to dimensions for taxing purposes as
231provided in this section, law and if should any cigarette is be
232received, purchased, possessed, sold, offered for sale, given
233away, or used of a size other than of standard dimensions, the
234same shall be assessed taxed at the rate of 4.12 1.41 cents on
235each such cigarette.
236     (3)  When cigarettes as described in paragraph (1)(a) are
237packed in varying quantities of 20 cigarettes or fewer less,
238except manufacturer's free samples authorized under s.
239210.04(9), the following rate shall govern:
240     (a)  Packages containing 10 cigarettes or fewer less
241require a 49.5-cent 16.95-cent tax.
242     (b)  Packages containing more than 10 but not more than 20
243cigarettes require a 99-cent 33.9-cent tax.
244     (4)  When cigarettes as described in paragraph (1)(b) are
245packed in varying quantities of 20 cigarettes or fewer less,
246except manufacturer's free samples authorized under s.
247210.04(9), the following rates shall govern:
248     (a)  Packages containing 10 cigarettes or fewer less
249require a 99-cent 33.9-cent tax.
250     (b)  Packages containing more than 10 but not more than 20
251cigarettes require a 198-cent 67.8-cent tax.
252     (5)  When cigarettes as described in paragraph (1)(c) are
253packed in varying quantities of 20 cigarettes or fewer less,
254except manufacturer's free samples authorized under s.
255210.04(9), the following rates shall govern:
256     (a)  Packages containing 10 cigarettes or fewer less
257require a 198-cent 67.8-cent tax.
258     (b)  Packages containing more than 10 but not more than 20
259cigarettes require a 396-cent 135.6-cent tax.
260     (6)  This tax shall be paid by the dealer to the division
261for deposit and distribution as hereinafter provided upon the
262first sale or transaction within the state, whether or not such
263sale or transfer is be to the ultimate purchaser or consumer.
264The seller or dealer shall collect the tax from the purchaser or
265consumer, and the purchaser or consumer shall pay the tax to the
266seller. The seller or dealer is shall be responsible for the
267collection of the tax and the payment of the same to the
268division. All taxes are due not later than the 10th day of the
269month following the calendar month in which they were incurred,
270and thereafter must shall bear interest at the rate of 1 percent
271per month. If the amount of tax due for a given period is
272assessed without allocating it to any particular month, the
273interest begins shall begin with the date of the assessment.
274Whenever cigarettes are shipped from outside the state to anyone
275other than a distributing agent or wholesale dealer, the person
276receiving the cigarettes is shall be responsible for the tax on
277said cigarettes and the payment of same to the division.
278     (7)  It is the legislative intent that the tax on
279cigarettes shall be uniform throughout the state.
280     Section 4.  Subsection (10) of section 210.18, Florida
281Statutes, is amended to read:
282     210.18  Penalties for tax evasion; reports by sheriffs.--
283     (10)  It is unlawful to sell or possess with the intent to
284sell counterfeit cigarettes, as defined in s. 210.01(22).
285     (a)  A person who does not hold a permit or holds a retail
286permit under the provisions of this chapter and who violates
287this subsection commits a felony of the third degree, punishable
288as provided in s. 775.082, s. 775.083, or s. 775.084, and is
289subject to the imposition of fines and additional penalties as
290follows:
291     1.  If the quantity of counterfeit cigarettes sold or
292possessed with the intent to sell is less than two cartons or
293the equivalent, the fine for a first violation shall not exceed
294$1,000 or five times the retail value of the counterfeit
295cigarettes, whichever is greater. A subsequent violation may
296result in the imposition of a fine not to exceed $5,000 or five
297times the retail value of the counterfeit cigarettes, whichever
298is greater, and shall result in revocation of the retail permit
299by the division.
300     2.  If the quantity of counterfeit cigarettes sold or
301possessed with the intent to sell is two cartons or more or the
302equivalent, the fine for a first violation shall not exceed
303$2,000 or five times the retail value of the counterfeit
304cigarettes, whichever is greater. A subsequent violation may
305result in the imposition of a fine not to exceed $50,000 or five
306times the retail value of the counterfeit cigarettes, whichever
307is greater, and shall result in revocation of the retail permit
308by the division.
309     (b)  A person who holds a permit, other than a retail
310permit, under the provisions of this chapter and who violates
311this subsection commits a felony of the third degree, punishable
312as provided in s. 775.082, s. 775.083, or s. 775.084, and is
313subject to the imposition of fines and additional penalties as
314follows:
315     1.  If the quantity of counterfeit cigarettes sold or
316possessed with the intent to sell is less than 10 cartons or the
317equivalent, the fine for a first violation shall not exceed
318$1,000 or five times the retail value of the counterfeit
319cigarettes, whichever is greater. A subsequent violation may
320result in the imposition of a fine not to exceed $5,000 or five
321times the retail value of the counterfeit cigarettes, whichever
322is greater, and shall result in revocation of the permit by the
323division.
324     2.  If the quantity of counterfeit cigarettes sold or
325possessed with the intent to sell is 10 cartons or more or the
326equivalent, the fine for a first violation shall not exceed
327$2,000 or five times the retail value of the counterfeit
328cigarettes, whichever is greater. A subsequent violation may
329result in the imposition of a fine not to exceed $50,000 or five
330times the retail value of the counterfeit cigarettes, whichever
331is greater, and shall result in revocation of the permit by the
332division.
333
334For purposes of this subsection, any counterfeit cigarettes
335seized by the division shall be destroyed.
336     Section 5.  Section 210.20, Florida Statutes, is amended to
337read:
338     210.20  Employees and assistants; distribution of funds.--
339     (1)  The division under the applicable rules of the
340Department of Management Services shall have the power to employ
341such employees and assistants and incur such other expenses as
342may be necessary for the administration of this part, within the
343limits of an appropriation for the operation of the Department
344of Business and Professional Regulation as may be authorized by
345the General Appropriations Act.
346     (2)(a)  As collections are received by the division from
347the tax on cigarettes such cigarette taxes, it shall pay the
348same into a trust fund in the State Treasury designated
349"Cigarette Tax Collection Trust Fund." which shall be paid and
350distributed as follows:
351     (b)(a)  The division shall from month to month certify to
352the Chief Financial Officer the amount of net collections
353derived from the cigarette tax imposed by s. 210.02, less the
354service charges provided for in s. 215.20 and less 0.9 percent
355of the amount derived from the cigarette tax imposed by s.
356210.02, which shall be deposited into the Alcoholic Beverage and
357Tobacco Trust Fund, specifying the amounts to be transferred
358from the Cigarette Tax Collection Trust Fund and credited on the
359following bases; however, the division shall first deposit
360monthly into the Alcoholic Beverage and Tobacco Trust Fund an
361amount equal to the sum of 0.5 percent of total collections and
362the service charge on total collection provided for in s. 215.20
363as follows:
364     1.  The sum basis of 1.3919 2.9 percent of the total base
365allocation net collections to the Revenue Sharing Trust Fund for
366Counties for distribution pursuant to the Florida Revenue
367Sharing Act.
368     2.  The sum of 14.3215 and 29.3 percent of the total base
369allocation to the Public Medical Assistance Trust Fund net
370collections for the funding of indigent health care pursuant to
371s. 409.918 to the Public Medical Assistance Trust Fund.
372     3.  The sum of 1.8973 percent of the total base allocation
373to the H. Lee Moffitt Cancer Center and Research Institute
374established in s. 1004.43, which shall be paid on a monthly
375basis to the center's board of directors by warrant drawn by the
376Chief Financial Officer upon the State Treasury. The revenues
377derived from this allocation are separate and distinct from any
378funds allocated to the H. Lee Moffitt Cancer Center through the
379James and Esther King Biomedical Research Program or the
380Bankhead-Coley Cancer Research Program. Funds derived pursuant
381this subparagraph shall be used for the purpose of constructing,
382furnishing, and equipping research, treatment, and related
383facilities. The appropriation to the H. Lee Moffitt Cancer
384Center and Research Institute authorized by this subparagraph
385may not be less than the amount that would have been paid to the
386H. Lee Moffitt and Cancer Research Institute for the 2007-2008
387fiscal year had this subparagraph been in effect.
388     4.  The sum of 0.9331 percent of the total base allocation
389to the Shands at the University of Florida Cancer Hospital. The
390revenues derived from this allocation are separate and distinct
391from any funds allocated to the Shands at the University of
392Florida Cancer Hospital through the James and Esther King
393Biomedical Research Program or the Bankhead-Coley Cancer
394Research Program. Funds derived pursuant this subparagraph shall
395be used for the purposes of constructing, furnishing, and
396equipping research, treatment, and related facilities, and may
397include the recruitment and retention of faculty or other
398personnel related to research programs.
399     5.  The sum of 0.9331 percent of the total base allocation
400to the Sylvester Comprehensive Cancer Center at the University
401of Miami Miller School of Medicine. The revenues derived from
402this allocation are separate and distinct from any funds
403allocated to the Sylvester Comprehensive Cancer Center at the
404University of Miami Miller School of Medicine through the James
405and Esther King Biomedical Research Program or the Bankhead-
406Coley Cancer Research Program. Funds derived pursuant this
407subparagraph shall be used for the purposes of constructing,
408furnishing, and equipping research, treatment, and related
409facilities and may include the recruitment and retention of
410faculty or other personnel related to research programs.
411     6.  The sum of 5.9716 percent of the total base allocation
412to the Biomedical Research Trust Fund for distribution by the
413Biomedical Research Advisory Council to grantees of the James
414and Esther King Biomedical Research Program authorized pursuant
415to s. 215.5602 and the Bankhead-Coley Cancer Research Program
416authorized pursuant to s. 381.922, with such programs dividing
417equally the allocation derived from this subparagraph. The
418provisions of ss. 215.5602 and 381.922 shall determine the
419methods of distribution under the respective programs.
420     7.  The sum of 3.7323 percent of the total base allocation
421to the Lawton Chiles Endowment Fund.
422     8.  The sum of 0.5598 percent of the total base allocation
423for the enhancement of rural hospital facilities as prescribed
424in s. 395.6061.
425     9.  The sum of 12.4409 percent of the total base allocation
426to the Agency for Persons With Disabilities for the purposes
427prescribed in chapter 393. Such revenues shall be used to fund
428additional caseload over that which existed during fiscal year
4292008-2009.
430     10.  The sum of 0.1866 percent of the total base allocation
431to the Miami Project to Cure Paralysis for the purposes of
432conducting research.
433     11.  The sum of 0.3732 percent of the total base allocation
434to the Diabetes Research Institute for the purposes of
435conducting research.
436     12.  The sum of 8.0866 percent of the total base allocation
437to the Agency for Health Care Administration for distribution to
438federally qualified health centers, county health department
439clinics, and free clinics, for the purposes enumerated in s.
440400.998.
441     13.  The sum of 0.3732 percent of the total base allocation
442to the Grants and Donations Trust Fund of the Department of
443Children and Family Services for purposes of making grants to
444centers treating child victims of sexual abuse.
445     14.  The sum of 1.7417 percent of the total base allocation
446to the Grants and Donations Trust Fund of the Department of
447Children and Family Services for purposes of making grants to
448community mental health agencies under the Department of
449Children and Family Services.
450     15.  The sum of 0.3732 percent of the total base allocation
451to the Agency for Health Care Administration for the operation
452of primary care access networks, as prescribed in s. 400.997.
453     16.  The sum of 0.3732 percent of the total base allocation
454to La Liga Contra el Cancer for the purposes of providing direct
455services to patients with cancer.
456     (b)1.  Beginning January 1, 1999, and continuing for 10
457years thereafter, the division shall from month to month certify
458to the Chief Financial Officer the amount derived from the
459cigarette tax imposed by s. 210.02, less the service charges
460provided for in s. 215.20 and less 0.9 percent of the amount
461derived from the cigarette tax imposed by s. 210.02, which shall
462be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
463specifying an amount equal to 2.59 percent of the net
464collections, and that amount shall be paid to the Board of
465Directors of the H. Lee Moffitt Cancer Center and Research
466Institute, established under s. 1004.43, by warrant drawn by the
467Chief Financial Officer upon the State Treasury. These funds are
468hereby appropriated monthly out of the Cigarette Tax Collection
469Trust Fund, to be used for the purpose of constructing,
470furnishing, and equipping a cancer research facility at the
471University of South Florida adjacent to the H. Lee Moffitt
472Cancer Center and Research Institute. In fiscal years 1999-2000
473and thereafter with the exception of fiscal year 2008-2009, the
474appropriation to the H. Lee Moffitt Cancer Center and Research
475Institute authorized by this subparagraph shall not be less than
476the amount that would have been paid to the H. Lee Moffitt
477Cancer Center and Research Institute for fiscal year 1998-1999
478had payments been made for the entire fiscal year rather than
479for a 6-month period thereof.
480     2.  Beginning July 1, 2002, and continuing through June 30,
4812004, the division shall, in addition to the distribution
482authorized in subparagraph 1., from month to month certify to
483the Chief Financial Officer the amount derived from the
484cigarette tax imposed by s. 210.02, less the service charges
485provided for in s. 215.20 and less 0.9 percent of the amount
486derived from the cigarette tax imposed by s. 210.02, which shall
487be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
488specifying an amount equal to 0.2632 percent of the net
489collections, and that amount shall be paid to the Board of
490Directors of the H. Lee Moffitt Cancer Center and Research
491Institute, established under s. 1004.43, by warrant drawn by the
492Chief Financial Officer. Beginning July 1, 2004, and continuing
493through June 30, 2016, the division shall, in addition to the
494distribution authorized in subparagraph 1., from month to month
495certify to the Chief Financial Officer the amount derived from
496the cigarette tax imposed by s. 210.02, less the service charges
497provided for in s. 215.20 and less 0.9 percent of the amount
498derived from the cigarette tax imposed by s. 210.02, which shall
499be deposited into the Alcoholic Beverage and Tobacco Trust Fund,
500specifying an amount equal to 1.47 percent of the net
501collections, and that amount shall be paid to the Board of
502Directors of the H. Lee Moffitt Cancer Center and Research
503Institute, established under s. 1004.43, by warrant drawn by the
504Chief Financial Officer. These funds are appropriated monthly
505out of the Cigarette Tax Collection Trust Fund, to be used for
506the purpose of constructing, furnishing, and equipping a cancer
507research facility at the University of South Florida adjacent to
508the H. Lee Moffitt Cancer Center and Research Institute. In
509fiscal years 2004-2005 and thereafter, the appropriation to the
510H. Lee Moffitt Cancer Center and Research Institute authorized
511by this subparagraph shall not be less than the amount that
512would have been paid to the H. Lee Moffitt Cancer Center and
513Research Institute in fiscal year 2001-2002, had this
514subparagraph been in effect.
515     (3) After all distributions hereinabove provided for have
516been made, the balance of the revenue produced from the tax
517imposed by this part shall be deposited in the General Revenue
518Fund.
519     Section 6.  Section 210.201, Florida Statutes, is amended
520to read:
521     210.201  Cancer facilities research facility at the
522University of South Florida; establishment; funding.--The Board
523of Directors of the H. Lee Moffitt Cancer Center and Research
524Institute shall construct, furnish, and equip, and shall
525covenant to complete, the cancer research facility at the
526University of South Florida adjacent to the H. Lee Moffitt
527Cancer Center and Research Institute. Moneys transferred to the
528Board of Directors of the H. Lee Moffitt Cancer Center and
529Research Institute pursuant to s. 210.20 shall be used to secure
530financing to pay or secure bonds or financial products issued or
531incurred in connection with the financing of costs related to
532constructing, furnishing, and equipping the cancer research,
533treatment, and related facilities facility. Such financing may
534include the issuance of tax-exempt bonds or other forms of
535indebtedness by a local authority, municipality, or county
536pursuant to parts II and III of chapter 159. Such bonds shall
537not constitute state bonds for purposes of s. 11, Art. VII of
538the State Constitution, but shall constitute bonds of a "local
539agency," as defined in s. 159.27(4). The cigarette tax dollars
540pledged to the facilities this facility pursuant to s. 210.20
541may be replaced annually by the Legislature from tobacco
542litigation settlement proceeds.
543     Section 7.  Subsection (11) of section 210.25, Florida
544Statutes, is amended to read:
545     210.25  Definitions.--As used in this part:
546     (11)  "Tobacco products" means loose tobacco suitable for
547smoking; snuff; snuff flour; cavendish; plug and twist tobacco;
548fine cuts and other chewing tobaccos; shorts; refuse scraps;
549clippings, cuttings, and sweepings of tobacco, and other kinds
550and forms of tobacco prepared in such manner as to be suitable
551for chewing; but "tobacco products" does not include cigarettes,
552as defined in by s. 210.01(1), or cigars.
553     Section 8.  Paragraph (d) of subsection (1), paragraphs
554(b), (c), and (d) of subsection (3), paragraph (b) of subsection
555(4), and paragraph (a) of subsection (6) of section 215.5601,
556Florida Statutes, as amended by section 49 of chapter 2008-153,
557Laws of Florida, are amended to read:
558     215.5601  Lawton Chiles Endowment Fund.--
559     (1)  LEGISLATIVE INTENT.--It is the intent of the
560Legislature to:
561     (d)  Provide funds to help support public-health and
562biomedical research for the prevention, diagnosis, treatment,
563and cure of diseases related to tobacco use by creating an
564annual and perpetual source of funding for biomedical research
565in the state in order to expand the foundation of biomedical
566knowledge relating to the prevention, diagnosis, treatment, and
567cure of diseases related to tobacco use, including cancer,
568cardiovascular disease, stroke, and pulmonary disease; improve
569the quality of the state's academic health centers by bringing
570the advances of biomedical research into the training of
571physicians and other health care providers; and increase the
572state's per capita funding for biomedical research by
573undertaking new initiatives in biomedical research which will
574attract additional researchers, as well as funding, from outside
575the state while also stimulating economic activity in the state
576in areas related to biomedical research, such as the research
577and production of pharmaceuticals, biotechnology, and medical
578devices.
579     (3)  LAWTON CHILES ENDOWMENT FUND; CREATION; PRINCIPAL.--
580     (b)  The endowment shall receive moneys from the sale of
581the state's right, title, and interest in and to the tobacco
582settlement agreement as defined in s. 215.56005, including the
583right to receive payments under such agreement, and from
584accounts transferred from the Department of Financial Services
585Tobacco Settlement Clearing Trust Fund established under s.
58617.41. Amounts to be transferred from the Department of
587Financial Services Tobacco Settlement Clearing Trust Fund to the
588endowment shall be in the following amounts for the following
589fiscal years:
590     1.  For fiscal year 1999-2000, $1.1 billion.;
591     2.  For fiscal year 2000-2001, $200 million.;
592     3.  For fiscal year 2001-2002, $200 million.;
593     4.  For fiscal year 2002-2003, $200 million.; and
594     5.  For fiscal year 2009-2010 and each fiscal year
595thereafter, moneys allocated to the Lawton Chiles Endowment Fund
596from designated revenues generated by s. 210.20.
597     (c)  Amounts to be transferred under subparagraphs (b)2.,
5983., and 4. may be reduced by an amount equal to the lesser of
599$200 million or the amount the endowment receives in that fiscal
600year from the sale of the state's right, title, and interest in
601and to the tobacco settlement agreement.
602     (c)(d)  The sum of For fiscal year 2001-2002, $150 million
603of the existing principal in the endowment shall be reserved and
604accounted for within the endowment, the income from which shall
605be used solely for the funding for biomedical research
606activities as provided in s. 215.5602. The income from the
607remaining principal shall be used solely as the source of
608funding for health and human services programs for children and
609elders as provided in subsection (5). The separate account for
610biomedical research shall be dissolved and the entire principal
611in the endowment shall be used exclusively for health and human
612services programs when cures have been found for tobacco-related
613cancer, heart, and lung disease.
614     (4)  ADMINISTRATION.--
615     (b)  The endowment shall be managed as an annuity. The
616investment objective shall be long-term preservation of the real
617value of the principal and a specified regular annual cash
618outflow for appropriation, as nonrecurring revenue. From the
619annual cash outflow, a pro rata share shall be used solely for
620biomedical research activities as provided in paragraph
621(3)(c)(d), until such time as cures are found for tobacco-
622related cancer and heart and lung disease. Five percent of the
623annual cash outflow dedicated to the biomedical research portion
624of the endowment shall be reinvested and applied to that portion
625of the endowment's principal, with the remainder to be spent on
626biomedical research activities consistent with this section. The
627schedule of annual cash outflow shall be included within the
628investment plan adopted under paragraph (a).
629     (6)  ADVISORY COUNCIL.--The Lawton Chiles Endowment Fund
630Advisory Council is established for the purpose of reviewing the
631funding priorities of the state agencies, evaluating their
632requests against the mission and goals of the agencies and
633legislative intent for the use of endowment funds, and allowing
634for public input and advocacy.
635     (a)  The advisory council shall consist of 17 15 members,
636including:
637     1.  The director of the United Way of Florida, Inc., or his
638or her designee;
639     2.  The director of the Foster Parents Association, or his
640or her designee;
641     3.  The chair of the Department of Elderly Affairs Advisory
642Council, or his or her designee;
643     4.  The president of the Florida Association of Area
644Agencies on Aging, or his or her designee;
645     5.  The State Long-Term Care Ombudsman, or his or her
646designee;
647     6.  The state director of the Florida AARP, or his or her
648designee;
649     7.  The director of the Florida Pediatric Society, or his
650or her designee;
651     8.  A representative of the Guardian Ad Litem Program,
652appointed by the Governor;
653     9.  A representative of a child welfare lead agency for
654community-based care, appointed by the Governor;
655     10.  A representative of an elder care lead agency for
656community-based care, appointed by the Governor;
657     11.  A representative of a statewide child advocacy
658organization, appointed by the Governor;
659     12.  One consumer caregiver for children, appointed by the
660Governor;
661     13.  One person over the age of 60 years to represent the
662interests of elders, appointed by the Governor;
663     14.  One person under the age of 18 years to represent the
664interests of children, appointed by the Governor; and
665     15.  One consumer caregiver for a functionally impaired
666elderly person, appointed by the Governor.
667     16.  One representative of a public health organization
668with a major interest in tobacco control, appointed by the
669Governor.
670     17.  One consumer who is currently eligible for benefits
671under Title XIX of the Medicaid Program.
672     Section 9.  Subsections (1), (2), (12), (13), (14), and
673(15) of section 215.5602, Florida Statutes, as amended by
674chapter 2009-5, Laws of Florida, are amended to read:
675     215.5602  James and Esther King Biomedical Research
676Program.--
677     (1)  There is established within the Department of Health
678the James and Esther King Biomedical Research Program funded by
679the designated proceeds of s. 210.20, as well as any prescribed
680portion of the Lawton Chiles Endowment Fund pursuant to s.
681215.5601. The purpose of the James and Esther King Biomedical
682Research Program is to provide an annual and perpetual source of
683funding in order to support research initiatives that address
684the health care problems of Floridians in the areas of tobacco-
685related cancer, cardiovascular disease, stroke, and pulmonary
686disease. The long-term goals of the program are to:
687     (a)  Improve the health of Floridians by researching better
688prevention, diagnoses, treatments, and cures for cancer,
689cardiovascular disease, stroke, and pulmonary disease.
690     (b)  Expand the foundation of biomedical knowledge relating
691to the prevention, diagnosis, treatment, and cure of diseases
692related to tobacco use, including cancer, cardiovascular
693disease, stroke, and pulmonary disease.
694     (c)  Improve the quality of the state's academic health
695centers by bringing the advances of biomedical research into the
696training of physicians and other health care providers.
697     (d)  Increase the state's per capita funding for research
698by undertaking new initiatives in public health and biomedical
699research that will attract additional funding from outside the
700state.
701     (e)  Stimulate economic activity in the state in areas
702related to biomedical research, such as the research and
703production of pharmaceuticals, biotechnology, and medical
704devices.
705     (f)  Expand the research capacity and infrastructure needed
706to conduct research on tobacco-related illnesses, with the
707provision of fixed capital outlay project funding as determined
708by the Biomedical Research Advisory Council within the program's
709annual appropriation and up to 25 percent of the program's
710annual funding allocation applied for this purpose by the
711council, provided that grant recipients receiving fixed capital
712outlay must use matching funds of at least 50 percent of the
713award from the council.
714     (2)  Funds appropriated for the James and Esther King
715Biomedical Research Program shall be used exclusively for the
716award of grants and fellowships as established in this section;
717for research relating to the prevention, diagnosis, treatment,
718and cure of diseases related to tobacco use, including cancer,
719cardiovascular disease, stroke, and pulmonary disease; for
720expenditures related to the expansion of tobacco-related
721research capacity and infrastructure within the state, including
722the provision of capital outlay costs to achieve such purpose;
723and for expenses incurred in the administration of this section.
724Priority shall be granted to research designed to prevent or
725cure disease.
726     (12)  For the 2008-2009 fiscal year 2009-2010 and each
727fiscal year thereafter, the sum of $4.5 million is appropriated
728annually from recurring funds in the General Revenue Fund to the
729Biomedical Research Trust Fund within the Department of Health
730for purposes of the James and Esther King Biomedical Research
731Program pursuant to this section. From these funds up to
732$750,000 $250,000 shall be available for the operating costs of
733the Florida Center for Universal Research to Eradicate Disease.
734Beginning in fiscal year 2010-2011, up to $750,000 shall be
735available for such operating costs from the annual allocation to
736the James and Esther King Biomedical Research Program pursuant
737to s. 210.20.
738     (13)  By June 1, 2017 2009, the Division of Statutory
739Revision of the Office of Legislative Services shall certify to
740the President of the Senate and the Speaker of the House of
741Representatives the language and statutory citation of this
742section, which is scheduled to expire January 1, 2018 2011.
743     (14)  The Legislature shall review the performance, the
744outcomes, and the financial management of the James and Esther
745King Biomedical Research Program during the 2017 2010 Regular
746Session of the Legislature and shall determine the most
747appropriate funding source and means of funding the program
748based on its review.
749     (15)  This section expires January 1, 2018 2011, unless
750reviewed and reenacted by the Legislature before that date.
751     Section 10.  Subsections (5), (6), and (7) of section
752381.855, Florida Statutes, are renumbered as subsections (6),
753(7), and (8), respectively, a new subsection (5) is added to
754that section, and present subsection (6) of that section is
755amended, to read:
756     381.855  Florida Center for Universal Research to Eradicate
757Disease.--
758     (5)  Beginning in fiscal year 2009-2010, the center shall
759receive for its operations an annual sum of up to $750,000 from
760the allocation designated in s. 210.20 for the James and Esther
761King Biomedical Research Program created pursuant to s.
762215.5602.
763     (6)(5)  There is established within the center an advisory
764council that shall meet at least annually.
765     (a)  The council shall consist of one representative from a
766Florida not-for-profit institution engaged in basic and clinical
767biomedical research and education which receives more than $10
768million in annual grant funding from the National Institutes of
769Health, to be appointed by the State Surgeon General from a
770different institution each term, and one representative from and
771appointed by each of the following entities:
772     1.  Enterprise Florida, Inc.
773     2.  BioFlorida.
774     3.  The Biomedical Research Advisory Council.
775     4.  The Florida Medical Foundation.
776     5.  Pharmaceutical Research and Manufacturers of America.
777     6.  The Florida Cancer Council.
778     6.7.  The American Cancer Society, Florida Division, Inc.
779     7.8.  The American Heart Association, Greater Southeast
780Affiliate.
781     8.9.  The American Lung Association of Florida.
782     9.10.  The American Diabetes Association, South Coastal
783Region.
784     10.11.  The Alzheimer's Association.
785     11.12.  The Epilepsy Foundation.
786     12.13.  The National Parkinson Foundation.
787     14.  The Florida Public Health Foundation, Inc.
788     13.15.  The Florida Research Consortium.
789     14.  La Liga Contra el Cancer.
790     (b)  Members of the council shall serve without
791compensation, and each organization represented shall cover all
792expenses of its representative.
793     Section 11.  Section 381.922, Florida Statutes, as amended
794by chapter 2009-5, Laws of Florida, is amended to read:
795     381.922  William G. "Bill" Bankhead, Jr., and David Coley
796Cancer Research Program.--
797     (1)  The William G. "Bill" Bankhead, Jr., and David Coley
798Cancer Research Program, which may be otherwise cited as the
799"Bankhead-Coley Program," is created within the Department of
800Health. The purposes purpose of the program shall be to advance
801progress towards cures for cancer through grants awarded through
802a peer-reviewed, competitive process and to expand cancer
803research and treatment capacity in the state.
804     (2)  The program shall provide grants for cancer research
805to further the search for cures for cancer, for the recruitment
806of cancer researchers and research teams to institutions within
807the state, for operational start-up grants for newly recruited
808cancer researchers and research teams, and for fixed capital
809outlay expenditures related to the expansion of cancer research
810and treatment capacity in the state, with up to 25 percent of
811the program's annual allocation applied to these purposes,
812provided that grantees receiving moneys pursuant to this section
813for purposes other than actual research shall use matching funds
814of at least 50 percent of the amount awarded by the council.
815     (a)  Emphasis shall be given to the following goals
816enumerated in s. 381.921, as those goals support the advancement
817of such cures:
818     1.  Efforts to significantly expand cancer research
819capacity in the state by identifying ways to attract new
820research talent and attendant national grant-producing
821researchers to cancer research facilities in this state; by
822implementing a peer-reviewed, competitive process to identify
823and fund the best proposals to expand cancer research institutes
824in this state; by providing funding through available resources
825for those proposals that demonstrate the greatest opportunity to
826attract federal research grants and private financial support;
827by encouraging the employment of bioinformatics in order to
828create a cancer informatics infrastructure that enhances
829information and resource exchange and integration through
830researchers working in diverse disciplines, to facilitate the
831full spectrum of cancer investigations; by facilitating the
832technical coordination, business development, and support of
833intellectual property as it relates to the advancement of cancer
834research; and by aiding in other multidisciplinary research-
835support activities as they inure to the advancement of cancer
836research.
837     2.  Efforts to improve both research and treatment through
838greater participation in clinical trials networks by identifying
839ways to increase adult enrollment in cancer clinical trials; by
840supporting public and private professional education programs
841designed to increase the awareness and knowledge about cancer
842clinical trials; by providing tools to cancer patients and
843community-based oncologists to aid in the identification of
844cancer clinical trials available in the state; and by creating
845opportunities for the state's academic cancer centers to
846collaborate with community-based oncologists in cancer clinical
847trials networks.
848     3.  Efforts to reduce the impact of cancer on disparate
849groups by identifying those cancers that disproportionately
850impact certain demographic groups and by building collaborations
851designed to reduce health disparities as they relate to cancer.
852     (b)  Preference may be given to grant proposals that foster
853collaborations among institutions, researchers, and community
854practitioners, as such proposals support the advancement of
855cures through basic or applied research, including clinical
856trials involving cancer patients and related networks.
857     (3)(a)  Applications for funding for cancer research may be
858submitted by any university or established research institute in
859the state. All qualified investigators in the state, regardless
860of institutional affiliation, shall have equal access and
861opportunity to compete for the research funding. Collaborative
862proposals, including those that advance the program's goals
863enumerated in subsection (2), may be given preference. Grants
864shall be awarded by the State Surgeon General, after
865consultation with the Biomedical Research Advisory Council, on
866the basis of scientific merit, as determined by an open,
867competitive peer review process that ensures objectivity,
868consistency, and high quality. The following types of
869applications shall be considered for funding:
870     1.  Investigator-initiated research grants.
871     2.  Institutional research grants.
872     3.  Collaborative research grants, including those that
873advance the finding of cures through basic or applied research.
874     (b)  In order to ensure that all proposals for research
875funding are appropriate and are evaluated fairly on the basis of
876scientific merit, the State Surgeon General, in consultation
877with the council, shall appoint a peer review panel of
878independent, scientifically qualified individuals to review the
879scientific content of each proposal and establish its priority
880score. The priority scores shall be forwarded to the council and
881must be considered in determining which proposals shall be
882recommended for funding.
883     (c)  The council and the peer review panel shall establish
884and follow rigorous guidelines for ethical conduct and adhere to
885a strict policy with regard to conflicts of interest. A member
886of the council or panel may not participate in any discussion or
887decision with respect to a research proposal by any firm,
888entity, or agency with which the member is associated as a
889member of the governing body or as an employee or with which the
890member has entered into a contractual arrangement. Meetings of
891the council and the peer review panels are subject to chapter
892119, s. 286.011, and s. 24, Art. I of the State Constitution.
893     (4)  By December 15 of each year, the Department of Health
894shall submit to the Governor, the President of the Senate, and
895the Speaker of the House of Representatives a report indicating
896progress towards the program's mission and making
897recommendations that further its purpose.
898     (5)  For the 2008-2009 fiscal year and through fiscal year
8992009-2010 each fiscal year thereafter, the sum of $6.75 million
900is appropriated annually from recurring funds in the General
901Revenue Fund to the Biomedical Research Trust Fund within the
902Department of Health for purposes of the William G. "Bill"
903Bankhead, Jr., and David Coley Cancer Research Program and shall
904be distributed pursuant to this section to provide grants to
905researchers seeking cures for cancer, with emphasis given to the
906goals enumerated in subsection (2) s. 381.921. From the total
907funds appropriated, an amount of up to 10 percent may be used
908for administrative expenses.
909     (6)  Beginning in fiscal year 2009-2010, and every year
910thereafter, designated proceeds generated by s. 210.20 shall be
911employed to fund the purposes prescribed in this section. The
912annual appropriation pursuant to this subsection shall allow for
913reasonable administrative costs associated with the program's
914implementation.
915     (7)(6)  By June 1, 2016 2009, the Division of Statutory
916Revision of the Office of Legislative Services shall certify to
917the President of the Senate and the Speaker of the House of
918Representatives the language and statutory citation of this
919section, which is scheduled to expire January 1, 2018 2011.
920     (8)(7)  The Legislature shall review the performance, the
921outcomes, and the financial management of the William G. "Bill"
922Bankhead, Jr., and David Coley Cancer Research Program during
923the 2010 Regular Session of the Legislature and shall determine
924the most appropriate funding source and means of funding the
925program based on its review.
926     (9)(8)  This section expires January 1, 2018 2011, unless
927reviewed and reenacted by the Legislature before that date.
928     Section 12.  Section 393.55, Florida Statutes, is created
929to read:
930     393.55  Agency for Persons with Disabilities caseload
931growth; distribution of designated cigarette tax proceeds.--The
932Agency for Persons with Disabilities shall apply revenues
933received pursuant to s. 210.20 for the purposes prescribed in
934this chapter, to be applied specifically to caseload growth over
935and above that which existed during fiscal year 2008-2009.
936     Section 13.  Subsections (2) and (3) of section 395.6061,
937Florida Statutes, are amended to read:
938     395.6061  Rural hospital capital improvement.--There is
939established a rural hospital capital improvement grant program.
940     (2)  Each rural hospital as defined in s. 395.602 that has
941reported to the agency charity care charges comprising at least
9425 percent of gross total charges for the most recent fiscal year
943is eligible to receive funds under this section shall receive a
944minimum of $100,000 annually, subject to legislative
945appropriation, upon application to the Department of Health, for
946projects to acquire, repair, improve, or upgrade systems,
947facilities, or equipment. Funds shall be made available to
948individual hospitals based upon the level of charity care
949charges relative to other hospitals.
950     (3)  Funds for the acquisition, repair, improvement, or
951upgrade of systems, facilities, or equipment at rural hospitals
952Any remaining funds shall annually be disbursed to rural
953hospitals in accordance with this section. The Department of
954Health shall establish, by rule, criteria for awarding grants
955for any remaining funds, which must be used exclusively for the
956support and assistance of rural hospitals as defined in s.
957395.602, including criteria relating to the level of
958uncompensated care rendered by the hospital, the participation
959in a rural health network as defined in s. 381.0406, and the
960proposed use of the grant by the rural hospital to resolve a
961specific problem. The department must consider any information
962submitted in an application for the grants in accordance with
963subsection (1) in determining eligibility for and the amount of
964the grant, and none of the individual items of information by
965itself may be used to deny grant eligibility.
966     Section 14.  Section 400.997, Florida Statutes, is created
967to read:
968     400.997  Primary Care Access Network; extended clinic
969hours.--
970     (1)  The Legislature finds that the Primary Care Access
971Network was founded to address the needs of the uninsured and
972those who are medically needy by providing a system of service
973delivery that builds upon the strengths of its current health
974provider partners. It is recognized that, where implemented
975under a pilot program, there has been a substantial decrease in
976nonurgent emergency room services used by uninsured persons.
977     (2)  Using funds received pursuant to s. 210.20, the Agency
978for Health Care Administration shall establish additional
979programs which shall offer health care services during the
980weekend and after regular business hours during the week.
981     (3)  To the extent that funds are available, such funds
982shall be used to operate clinics of the Primary Care Access
983Network during the extended hours the clinics are open and to
984pay the employees of those clinics accordingly.
985     (4)  By January 1 of each year, the Agency for Health Care
986Administration shall submit to the Governor, the President of
987the Senate, and the Speaker of the House of Representatives a
988report on the successes and outcomes achieved through the
989implementation of this section. The report shall include
990recommendations regarding continuation, termination, or
991expansion of the Primary Care Access Network.
992     (5)  The Agency for Health Care Administration shall adopt
993rules pursuant to ss. 120.536(1) and 120.54 to implement this
994section.
995     Section 15.  Section 400.998, Florida Statutes, is created
996to read:
997     400.998  Federally qualified health centers; county health
998department clinics; free clinics; designated funds.--
999     (1)  The Agency for Health Care Administration shall
1000distribute designated proceeds received pursuant to s. 210.20 to
1001federally qualified health centers, county health department
1002clinics, and free clinics for the expansion of primary care
1003services in order to provide comprehensive primary and
1004preventive health care and urgent care services that may reduce
1005the morbidity, mortality, and cost of care among the uninsured
1006population of the state.
1007     (2)  It is the intent of the Legislature to recognize the
1008significance of improved health outcomes and decreased overall
1009cost to the state through quality primary and preventive care.
1010It is further the Legislature's intent to increase the state's
1011investment in primary care providers and to leverage that
1012investment through the creation of a program to provide for the
1013expansion of primary and preventive health care services offered
1014by federally qualified health centers, county health department
1015clinics, and free clinics. It is also the intent of the
1016Legislature that such a program will support the coordination of
1017federal, state, and local resources to assist such providers in
1018developing a medical home model for expanded community-based
1019primary care delivery systems.
1020     (3)  In selecting federally qualified health centers,
1021county health department clinics, and free clinics, the Agency
1022for Health Care Administration:
1023     (a)  Shall give preference to communities in which there
1024are few or no community-based primary care services or in which
1025the current services are unable to meet the community's needs
1026and to counties with the highest percentage of uninsured.
1027     (b)  Shall require that a full array of primary care
1028services be made available to patients, including enabling
1029services.
1030     (c)  Shall give preference to centers that have or will
1031establish and provide a medical home model of care for the
1032delivery of services.
1033     (d)  Shall require that primary care services be provided
1034to all patients, regardless of their ability to pay, using a
1035sliding fee schedule based on income.
1036     (e)  May require that a portion of the funds derived from
1037s. 210.20 for the purposed prescribed in this section be used to
1038pay for operating costs emanating from projected expansions in
1039patient caseloads or services or for capital improvement
1040projects, which may include renovations to existing facilities
1041or construction of new facilities, provided that an expansion of
1042patient caseloads or services to a new patient population will
1043occur as a result of the capital expenditures.
1044     (f)  Shall encourage coordination among federally qualified
1045health centers, other private sector providers, and publicly
1046supported programs.
1047     (g)  Shall give preference to the development of community
1048emergency room diversion programs in conjunction with local
1049resources diversion programs which include case management for
1050emergency room followup care.
1051     (h)  Shall encourage the use of extended hours of operation
1052to urgent care patients.
1053     (4)  The Agency for Health Care Administration shall
1054establish a formal process for the submission and evaluation of
1055applications for funding through moneys derived from s. 210.20
1056for the purposes enumerated in this section. The process shall
1057include the creation of a review panel consisting of two persons
1058appointed by the Secretary of Health Care Administration and two
1059persons appointed by the chief executive officer of the Florida
1060Association of Community Health Centers, Inc., to review all
1061applications for funding. The review panel shall consider the
1062following elements in reviewing applications and shall determine
1063the relative weight for scoring and evaluating these elements:
1064     (a)  The target population to be served.
1065     (b)  The health benefits to be provided.
1066     (c)  The number of new patients that are expected to be
1067served.
1068     (d)  The methods that will be employed to measure cost-
1069effectiveness.
1070     (e)  Projected health status outcomes.
1071     (f)  How data will be collected to measure cost-
1072effectiveness, health status outcomes, and overall achievement
1073of the goals of the proposal.
1074     (g)  All resources, including cash, in-kind contributions,
1075volunteer hours, or other resources that will be dedicated to
1076the project by the applicant.
1077     (5)  Recipients of moneys for all projects selected for
1078funding under this section must operate with electronic medical
1079records that shall be open to any provider that wishes to gain
1080access such records. Such recipients shall provide timely
1081reports to the Agency for Health Care Administration on the
1082progress and outcomes related to such projects.
1083     (6)  The Agency for Health Care Administration may contract
1084with the Florida Association of Community Health Centers, Inc.
1085to administer the program and provide technical assistance to
1086the entities receiving funding under this section.
1087     (7)  The Agency for Health Care Administration shall adopt
1088rules pursuant to ss. 120.536(1) and 120.54 to implement this
1089section.
1090     Section 16.  Subsection (1) of section 951.22, Florida
1091Statutes, is amended to read:
1092     951.22  County detention facilities; contraband articles.--
1093     (1)  It is unlawful, except through regular channels as
1094duly authorized by the sheriff or officer in charge, to
1095introduce into or possess upon the grounds of any county
1096detention facility as defined in s. 951.23 or to give to or
1097receive from any inmate of any such facility wherever said
1098inmate is located at the time or to take or to attempt to take
1099or send therefrom any of the following articles which are hereby
1100declared to be contraband for the purposes of this act, to wit:
1101Any written or recorded communication; any currency or coin; any
1102article of food or clothing; any tobacco products as defined in
1103s. 210.25(11); any cigarette as defined in s. 210.01(1); any
1104cigar; any intoxicating beverage or beverage which causes or may
1105cause an intoxicating effect; any narcotic, hypnotic, or
1106excitative drug or drug of any kind or nature, including nasal
1107inhalators, sleeping pills, barbiturates, and controlled
1108substances as defined in s. 893.02(4); any firearm or any
1109instrumentality customarily used or which is intended to be used
1110as a dangerous weapon; and any instrumentality of any nature
1111that may be or is intended to be used as an aid in effecting or
1112attempting to effect an escape from a county facility.
1113     Section 17.  The additional tax imposed by s. 210.02,
1114Florida Statutes, pursuant to this act also applies to inventory
1115on hand as of the effective date of this act. By July 1, 2009,
1116or the date this act becomes law, whichever is later, before
1117opening for business, each manufacturer, distributor,
1118wholesaler, and vendor in this state shall take an inventory of
1119the cigarettes on hand, and that inventory shall be subject to
1120the new rate of tax imposed by s. 201.02, Florida Statutes. The
1121amount of inventory shall be certified to the Division of
1122Alcoholic Beverages and Tobacco of the Department of Business
1123and Professional Regulation on or before July 21, 2009, with
1124that documentation accompanied by a certified check, money
1125order, or electronic funds transfer for the amount of the
1126additional tax due on this inventory as imposed by s. 210.02,
1127Florida Statutes, pursuant to this act. The provisions of
1128chapter 210, Florida Statutes, relating to penalties and
1129interest for delinquent payments shall apply to this section.
1130The proceeds of the tax upon inventory imposed by this section
1131shall be deposited into the Cigarette Tax Collection Trust Fund
1132and shall be distributed in accordance with the manner
1133prescribed in s. 210.20, Florida Statutes. This section shall
1134take effect upon this act becoming a law.
1135     Section 18.  Sections 381.92 and 381.921, Florida Statutes,
1136are repealed.
1137     Section 19.  Except as otherwise expressly provided by this
1138act, this act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.